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Man sues Texas doctor who violated abortion ban to test constitutionality

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A Texas doctor has been sued under the state’s new law banning most abortions, a lawsuit that could test the constitutionality of the sweeping ban that allows any private citizen to sue providers.

Dr Alan Braid, a longtime obstetrics and gynecology physician in San Antonio, wrote in an opinion piece in the Washington Post on Sunday that he performed an abortion outside the legal window allowed by law, which banned the procedure before about six hours. weeks of pregnancy.

Braid became the first doctor to publicly share that he violated the ban, writing in the Post that he knew his actions could result in a civil lawsuit under the law, which allows anyone to sue claimants. abortion or others considered to aid and encourage an abortion. that violates the ban.

Following: Justice Department fights for emergency order to block implementation of Texas abortion ban

Following: Texas leaders pledge to defend law banning most abortions

Women from the University of Texas gather at the Texas Capitol to protest Gov. Greg Abbott’s signing of the country’s toughest abortion law, which criminalizes abortion of a fetus after six weeks or when a heartbeat is detected. Abbott signed into law on September 1.

On Monday, an Arkansas man filed such a lawsuit in Bexar County District Court and said he hoped to test the constitutionality of the new law.

“I woke up this morning … and saw a story about this doctor, Dr Braid,” Oscar Stilley, a former lawyer convicted of tax evasion in 2010, said in an interview. “He’s obviously a man of principle and courage and it just drove me crazy to see the bag of tricks they put him in and I just decided: I’m going to take legal action. get an answer, I want to see what the law is. “

The law allows successful plaintiffs to charge at least $ 10,000 for each illegal abortion that is exposed and does not require that the individual be related to the patient or the defendant.

Stilley, who is housebound, said he sees an opportunity to challenge the constitutionality of the provision – and possibly get $ 10,000 in the process.

“(The law) says that anyone can take legal action,” he said. “As far as I’m concerned, it doesn’t matter that I’m a struck off lawyer. It doesn’t matter that I’m in custody. It doesn’t matter that I’m in Arkansas and not Texas.

“Looks like I had nothing to do with it, but they said I could have a chance and I could go and I could sue and collect $ 10,000 for it. Well that’s the law. and I want that $ 10,000 and I plan to be the fastest gun in the West.

This article originally appeared on Austin American-Statesman: Texas doctor sued by Arkansas man for violating Texas abortion ban

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